Who Is Competent to Contract State the Position of Agreement by a Minor

Who Is Competent to Contract? Understanding the Position of Agreement by a Minor

When it comes to the legal ability to enter into contracts, minors are generally not considered competent. In most cases, a minor is defined as someone under the age of 18. However, there are some exceptions to this rule, and it`s important to understand the position of agreement by a minor.

The basic premise behind this rule is that minors lack the mental capacity and maturity to fully understand the terms of a contract and the potential consequences of their actions. This means that they are not legally bound by any contracts they enter into, unless they are specifically authorized to do so by law.

So, who is competent to contract on behalf of a minor? Generally speaking, it`s the parent or legal guardian who has the authority to make contracts on behalf of their child. This means that if a minor wants to purchase something, sign up for a service, or enter into any other type of agreement, the parent or guardian will need to sign on their behalf.

However, there are some exceptions to this rule. For example, there are certain types of contracts that a minor can enter into without the need for parental approval or consent. These include contracts for basic necessities such as food, clothing, and shelter. Additionally, minors who are emancipated or married are typically considered competent to contract on their own behalf.

Another important point to consider is that even if a minor enters into a contract with the permission of their parent or guardian, they still have the right to disaffirm the contract. This means that they can choose to void the contract at any time, without penalty. However, they must do so within a reasonable amount of time after reaching the age of majority, which is 18 in most states.

Overall, it`s important to understand the position of agreement by a minor when it comes to contracts. While minors are generally not legally competent to contract, there are some exceptions to this rule. It`s important for parents and guardians to carefully consider any contracts their child may want to enter into, and to understand the potential consequences of those contracts. Additionally, minors should be aware of their rights when it comes to disaffirming contracts, and should seek legal advice if they have any questions or concerns.